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CERTIFIED MAIL-RETURN RECEIPT REQUESTED
July 19, 2010
(Name withheld)
(Address withheld)
(Address withheld)
Re: EB-10-GB-0082
Dear Mr. (name withheld):
The Federal Communications Commission has received complaints that an
electric fence charger at your residence may be causing harmful radio
interference to an operator in the Amateur Radio Service. The complainant
is:
(Name withheld)
(Address withheld)
(Address withheld)
The Commission has the responsibility to require that such problems be
rectified within a reasonable time if the interference is caused by faulty
consumer equipment. Under FCC rules, equipment such as an electric fence
is classified as an "incidental radiator." This term is used to describe
equipment that does not intentionally generate any radio-frequency energy,
but that may create such energy as an incidental part of its intended
operation.
To help you better understand your responsibilities under FCC rules, here
are the most important rules relating to radio and television interference
from incidental radiators:
Title 47, CFR Section 15.5 General conditions of operation.
(b) Operation of an intentional, unintentional, or incidental radiator is
subject to the conditions that no harmful interference is caused and that
interference must be accepted that may be caused by the operation of an
authorized radio station, by another intentional or unintentional
radiator, by industrial, scientific and medical (ISM) equipment, or by an
incidental radiator.
(c) The operator of the radio frequency device shall be required to cease
operating the device upon notification by a Commission representative that
the device is causing harmful interference. Operation shall not resume
until the condition causing the harmful interference has been corrected.
Title 47, CFR Section 15.13 Incidental radiators.
Manufacturers of these devices shall employ good engineering practices to
minimize the risk of harmful interference.
Title 47, CFR Section 15.15 General technical requirements.
(c) Parties responsible for equipment compliance should note that the
limits specified in this part will not prevent harmful interference under
all circumstances. Since the operators of Part 15 devices are required to
cease operation should harmful interference occur to authorized users of
the radio frequency spectrum, the parties responsible for equipment
compliance are encouraged to employ the minimum field strength necessary
for communications, to provide greater attenuation of unwanted emissions
than required by these regulations, and to advise the user as to how to
resolve harmful interference problems (for example, see Sec. 15.105(b)).
The complainant has attempted unsuccessfully to resolve this problem with
your electric fence and as a result the matter has been referred to our
office. The Commission prefers that those responsible for the proper
operation of equipment assume their responsibilities fairly. This means
that you should resolve the interference caused by the electric fence
charger and make necessary corrections within a reasonable time.
While the Commission has confidence that most people are able to resolve
these issues voluntarily, the Commission wants to make you aware that this
unresolved problem may be a violation of Commission rules and could result
in a monetary forfeiture (fine) for each occurrence. At this stage, the
Commission encourages the parties to resolve this problem without
Commission intervention; but if necessary to facilitate resolution, the
Commission may investigate possible rules violations and address
appropriate remedies.
The American Radio Relay League, a national organization of Amateur Radio
operators, may be able to offer help and guidance about radio interference
that involves Amateur Radio operators.
American Radio Relay League
Radio Frequency Interference Desk
225 Main Street
Newington, CT 06111
Tel: (860) 594-0200
E-mail: rfi@arrl.org
Please advise the complainant what steps you are taking to correct this
reported interference problem. The Commission expects that most cases can
be resolved within 30 days of the time they are first reported. If you are
unable to resolve this within 30 days, please advise this office about the
nature of the problem, the steps you are taking to resolve it and the
estimated time in which those steps can be accomplished.
If you have any questions about this matter, please contact me in writing
at: 1270 Fairfield Road, Gettysburg, PA 17325 or via telephone at
717-338-2577. Thank you for your cooperation.
Sincerely,
Laura L. Smith, Esq.
Special Counsel Enforcement Bureau
cc: Detroit Field Office
Northeast Regional Director